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The Chemicals (Hazard Information And Packaging For Supply) Regulations 2009

Directive 2006/121/EC Of The European Parliament And Of The Council Of 18 December 2006 Amending Council Directive 67/548/EEC On The Approximation Of Laws, Regulations And Administrative Provisions Relating To The Classification, Packaging And Labelling Of Dangerous Substances In Order To Adapt It To Regulation (EC) No 1907/2006 Concerning The Registration, Evaluation, Authorisation And Restriction Of Chemicals (REACH) And Establishing A European Chemicals Agency

Regulation: Regulation (EC) No 1272/2008 Of The European Parliament And Of The Council Of 16 December 2008 On Classification, Labelling And Packaging Of Substances And Mixtures, Amending And Repealing Directives 67/548/EEC And 1999/45/EC, And Amending Regulation (EC) No 1907/2006 (1)

Introduction

The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 implement the remaining parts of Council Directive 2006/121/EC and Article 43 of Regulation (EC) No 1272/2008. 

Council Directive 2006/121/EC was published on 30 December 2006.  Member States had to implement its provisions by 1 June 2008.  The Directive sets out the necessary amendments needed to the Dangerous Substances Directive (67/548/EEC) and the Dangerous Preparations Directive (99/45/EC), as a result of the entry into force of the European REACH Regulation (EC) No 1907/2006.. 
The changes required by the Directive cover two areas:

The remaining parts of Directive 2006/121 are editorial in nature and alter references to the library of test methods following their transfer from Annex V of the Dangerous Substances Directive (now deleted) to a new European Commission Regulation (No. 440/2008) made under Article 13(3) of the REACH Regulation.  The test methods themselves are unchanged.  In the CHIP regulations, the test methods are referenced in the HSE's Approved Classification and Labelling Guide (ACLG), which implements in GB Annex VI of the Dangerous Substances Directive.  The appropriate changes will appear in the new issue of the ACLG to which CHIP 4 will give legal effect.

Council Directive 67/548/EEC as last amended by Directive 2004/73/EC,  Directive 2006/121/EC and Commission Regulation (EC) No 440/2008
Main elements of the Directive: Transposed by:
Article 2.2 Defines what substances and preparations are 'dangerous' within the meaning of the Directive Reg 2, by reference to Schedule 1
4 Identifies the basis for general principles of classification Reg 4(2) – (4)
6 Places an obligation on suppliers of dangerous substances to carry out investigations Reg 4(5)
22 Sets out packaging requirements Reg 6 and 11
23 Sets out labelling requirements Regs 7 and 8, Schedule 4, Table 3.2 of Part 3 of Annex VI to the CLP Regulation (EC Regulation No 1272/2008), Approved Classification and Labelling Guide
24 Specifies details of the means of implementing the labelling requirements Regs 7, 8 and 10
25 Provides exemptions from labelling and packaging requirements for: munitions and explosives Reg 3(5)
Council Directive 1999/45/EC as last amended by Directive 2006/8/EC
Main elements of the Directive: Transposed by:
Article 2.2 Defines what substances and preparations are 'dangerous' within the meaning of this Directive Reg 2, by reference to Schedule 1
4 Identifies the basis for the general principles of classification and labelling Reg 4(7)
5 Specifies the method of evaluating hazards deriving from physico-chemical properties Reg 4(7), by reference to Schedule 3 and the Approved Classification and Labelling Guide
6 Specifies the method for evaluating health hazards Reg4(7), by reference to Schedule 3
7 Specifies the method for evaluating environmental hazards Reg 4(7), by reference to Schedule 3
8 Places obligations on Member States to ensure compliance Regs 12 and 14
9 Sets out packaging requirements Regs 6 and 11
10 Sets out labelling requirements for preparations Regs 7, 8 and 9, Schedule 4 and the Approved Classification and Labelling Guide
11 Specifies details of the means of implementing the labelling requirements Regs 7 and 10 and the Approved Classification and Labelling Guide
12 Provides exemptions from the labelling and packaging requirements for:
  • munitions and explosives
Reg 3(5)
 
  • Preparations in a form not presenting risks (reference to Annex VII)
Approved Classification and Labelling Guide
 
  • Labelling of small/unsuitable packages
Reg 8(8) – (9) and 10(7)
15 Provides fro safeguarding of the confidentiality of certain chemical names Reg 7, by reference to Schedule 4 Part 1 paragraph 3
Council Directive 2006/121/EC
Article: Objective: Implementation: Responsibility:
Art 1 (3); Art 1 (11) Member States to delete  existing references to test methods in Annex V of Directive 67/548/EEC, and replace with references to the new European Commission Regulation No. 440/2008
In paragraph 2(b) of the Explanatory Note to the Regulations.HSE Approved Classification and Labelling Guide (applicable in Great Britain) The Secretary of State, through amendments to consolidating Regulations.
  Member States to bring into force the laws, regulations and administrative provisions necessary to comply with the amending Directive by 1 June 2008. In paragraph 2(b) of the Explanatory Note to the Regulations.  
  Member States to communicate to the European Commission the text of the main provisions of national law which they adopt   The Health and Safety Executive via UKREP
  Date of entry into force of the amending Directive No action required.  
Updated 2014-01-24